High Court Kerala High Court

Latha S.Nair vs State Of Kerala on 31 March, 2010

Kerala High Court
Latha S.Nair vs State Of Kerala on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1236 of 2009(D)


1. LATHA S.NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.PIRAPPANCODE V.SREEDHARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :31/03/2010

 O R D E R
         PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
          ------------------------------------------------------------------
                          L.A.A.NO. 1236 OF 2009
                          --------------------------------
               Dated this the 31st day of March, 2010.


                               J U D G M E N T

Pius C.Kuriakose, J

This is an appeal filed by the claimant. Even though several

grounds have been raised assailing the judgment of the reference

Court when the matter came up for admission, Sri. Pirappancode

V.Sreedharan Nair and Sri.Pirappancode V.S.Sudhir highlighted

that the issue is covered by judgment of this court in L.A.

A.No.234/2009. Sri.Basanth Balaji Senior Government Pleader

taking notice conceded that LAA No.234/2009 has become final on

going through the judgment in LAA No.234/2009, we are of the

view that the property involving in that case is identical property

and was acquired for the same purpose of widening the

Killippalam-Karamana Reach II in pursuance of the notification. In

the above circumstance, we follow the above decision and

allowing the appeal re-fix the land value at the rate of

Rs,5,90,864/-. It is needless to mention that the claimant will be

L.A.A.NO. 1236 OF 2009 2

entitled to all the statutory benefits on the total compensation by

virtue of re-fixation under this judgment. Parties will suffer their

respective costs.

PIUS C. KURIAKOSE ,JUDGE.

C.K.ABDUL REHI, JUDGE.

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